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HomeMy WebLinkAboutWQ0020793_Final Permit_20200302ROY COOPER Governor MICHAEL S. REGAN Secretory S. DANIEL SMITH Director KEVIN TAYLOR — COMPLEX MANAGER TYSON FARMS, INC. 3649 AIRPORT ROAD HAYS, NORTH CAROLINA 28653-9422 Dear Mr. Taylor: NORTH CAROLINA Environmental Quality March 2, 2020 Subject: Permit No. WQ0020793 Tyson Farms — Hays Hatchery WWTF Other Non -Discharge Wastewater System Wilkes County In accordance with your permit renewal request received December 18, 2019, we are forwarding herewith Permit No. WQ0020793 dated March 2, 2020, to Tyson Farms, Inc. for the continued operation of the subject wastewater treatment and disposal facilities. This permit shall be effective from the date of issuance through July 31, 2026, shall void Permit No. WQ0020793 issued October 6, 2015, and shall be subject to the conditions and limitations therein. The Permittee shall submit a renewal application no later than February 1, 2026. Please pay attention to the monitoring requirements listed Attachments A, B, and C for they may differ from the previous permit issuance. Failure to establish an adequate system for collecting and maintaining the required operational information shall result in future compliance problems. The Division has removed the following permit condition since the last permit issuance dated October 6, 2015: ➢ Old Condition VI.2. — This condition has been removed because the permit is not voidable. The following permit conditions are new since the last permit issuance dated October 6, 2015: ➢ Condition I.1. —The Winston-Salem Regional Office, telephone number (336) 776-9800, shall approve monitoring well MW-4 prior to installation, and the monitoring well shall be installed within 90 days of the effective date of this permit. The Winston-Salem Regional Office shall be notified at least two business days in advance of construction of any monitoring well. ➢ Condition I.2. — Within 90 days of completing installation of monitoring well MW-4, the Permittee shall submit two original copies and one digital copy of an updated site map. ➢ Condition I.3. — Within 30 days of construction, a Well Construction Record (Form GW-1) listing this permit number and the appropriate monitoring well identification number shall be completed for MW-4 and submitted to the Division. ➢ Condition H.10 — All setbacks applicable to 15A NCAC 02H .0219 have been added. North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 919.707.9000 Mr. Kevin Taylor March 2, 2020 Page 2 of 2 ➢ Condition III.4. — Disposal equipment shall be tested and calibrated once per permit cycle. ➢ Condition III.13. — Metering equipment shall be tested and calibrated annually. ➢ Condition IV.5. — The Permittee shall maintain records tracking the amount of effluent disposed. ➢ Condition IV.9. — The maintenance log shall now include the dates of flow measurement device calibration and disposal equipment calibration. ➢ Condition IV.10. — Monitoring well MW-4 shall be sampled after construction. ➢ Condition IV.12. — For initial sampling of monitoring well MW-4, the Permittee shall submit a Compliance Monitoring Form (GW-59) and a Well Construction Record Form (GW-1) listing this permit number and the appropriate monitoring well identification number. Initial Compliance Monitoring Forms (GW-59) without copies of the Well Construction Record Forms (GW-1) are deemed incomplete, and may be returned to the Permittee without being processed. ➢ Condition VI.10. —This permit shall not be renewed if the Permittee or any affiliation has not paid the required annual fee. If any parts, requirements, or limitations contained in this permit are unacceptable, the Permittee has the right to request an adjudicatory hearing upon written request within 30 days following receipt of this permit. This request shall be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings at 6714 Mail Service Center, Raleigh, NC 27699-6714. Otherwise, this permit shall be final and binding. If you need additional information concerning this permit, please contact Poonam Giri at (919) 707-3656 or poonam.giriamcderingov. Sincerely, Daniel Smith, Director O Division of Water Resources cc: Wilkes County Health Department (Electronic Copy) Winston-Salem Regional Office, Water Quality Regional Operations Section (Electronic Copy) Laserfiche File (Electronic Copy) Digital Permit Archive (Electronic Copy) Central Files NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENTAL QUALITY RALEIGH OTHER NON -DISCHARGE WASTEWATER SYSTEM PERMIT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations PERMISSION IS HEREBY GRANTED TO Tyson Farms, Inc. Wilkes County FOR THE continued operation of a 13,524 gallon per day (GPD) wastewater treatment and disposal facility consisting of - two effluent screen boxes; an ultra -sonic flow meter on a 0.75 H flume; an infiltration/evaporation lagoon with a surface area of approximately 43,560 square feet (ft2) and an average depth of 6 feet (ft) with two 5 horsepower (hp) floating mechanical aerators; and all associated piping, valves, controls, and appurtenances to serve the Tyson Farms — Hays Hatchery WWTF, with no discharge of wastes to surface waters, pursuant to the application received December 18, 2019, and in conformity with the Division -approved plans and specifications considered a part of this permit. This permit shall be effective from the date of issuance through July 31, 2026, shall void Permit No. WQ0020793 issued October 6, 2015, and shall be subject to the following conditions and limitations: I. SCHEDULES The Winston-Salem Regional Office, telephone number (336) 776-9800, shall approve monitoring well MW-4 prior to installation, and the monitoring well shall be installed within 90 days of the effective date of this permit. The Winston-Salem Regional Office shall be notified at least two business days in advance of construction of any monitoring well. The monitoring well shall be constructed such that the water level in the well is never above or below the screened portion of the well, and in accordance with 15A NCAC 02C .0108. The general location and Division -approved name for each monitoring well is on Figure 1. [15A NCAC 02C .0108, 02T .0108(b)(1)(B)] WQ0020793 Version 4.0 Shell Version 200201 Page 1 of 10 2. Within 90 days of completing installation of monitoring well MW-4, the Permittee shall submit two original copies and one digital copy of a site map with a scale no greater than 1-inch equals 100 feet; however, special provisions may be granted upon prior approval for large properties. The map shall include the following information: a. Legend, north arrow, scale, and legible in black and white. b. Topographic contour intervals not exceeding 10 feet or 25 percent of total site relief. c. All habitable residences or places of assembly within 500 feet of the disposal area. d. Location of all wells, streams (ephemeral, intermittent, and perennial), springs, lakes, ponds, ditches, and other surface drainage features within 500 feet of the disposal area. e. Location and identification of each monitoring well (identify any background/upgradient wells). f. Latitude and longitude coordinates of each monitoring well (decimal degrees to the sixth decimal degree and in NAD83). g. Location and identification of major components of the waste disposal system. h. The perimeter of all disposal areas with site names (named according to the approved permit) i. Location and ownership of property boundaries within 500 feet of the disposal area (including road/rail right-of-ways and easements). j. Latitude and longitude of the established horizontal control monument (decimal degrees to the sixth decimal degree). k. Elevation of the top of the well casing (i.e., measuring point) relative to a common datum. 1. Depth of water below the measuring point at the time the measuring point is established. m. Delineation of the compliance and review boundaries. n. Distance measurements verifying all setbacks are being met. o. Stormwater drainage controls. p. 100-year floodplain. q. The date the map is prepared and/or revised. Boundaries and physical features not under purview of other licensed professions shall be provided by a Professional Surveyor. Control monuments shall be installed in such a manner and made of such materials that the monument will not be destroyed due to activities taking place on the property. The map and any supporting documentation shall be sent to the Division of Water Resources, Non - Discharge Branch, 1617 Mail Service Center, Raleigh, NC 27699-1617, or Non- Dischame.Reports(c ncdenrgov. [15ANCAC 02C .0105(f), 02T .0108(b)(1)(B)] 3. Within 30 days of construction, a Well Construction Record (Form GW-1) listing this permit number and the appropriate monitoring well identification number shall be completed for MW-4, and mailed to the Division of Water Resources, Non -Discharge Branch, 1617 Mail Service Center, Raleigh, NC 27699-1617, or Non-Discharge.Reports(&ncdenr.g_ov. A North Carolina Certified Well Contractor shall construct the monitoring wells according to the North Carolina Well Construction Standards (15A NCAC 02C .0113) and local county rules. [15A NCAC 02C .0113, 02T .0108(b)(1)(B)] 4. The Permittee shall request renewal of this permit on Division -approved forms no later than February 1, 2026. [15A NCAC 02T .0105(b), 02T .0109] WQ0020793 Version 4.0 Shell Version 200201 Page 2 of 10 II. PERFORMANCE STANDARDS 1. The Permittee shall maintain and operate the subject non -discharge facilities so there is no discharge to surface waters, nor any contravention of groundwater or surface water standards. In the event the facilities fail to perform satisfactorily, including the creation of nuisance conditions due to improper operation and maintenance, or failure of the disposal areas to assimilate the effluent, the Permittee shall take immediate corrective actions, including Division required actions, such as the construction of additional or replacement wastewater treatment or disposal facilities. [ 15A NCAC 02T .0108(b)(1)(A)] 2. This permit shall not relieve the Permittee of their responsibility for damages to groundwater or surface water resulting from the operation of this facility. [15A NCAC 02T .0108(b)(1)(A)] 3. Groundwater monitoring wells shall be constructed in accordance with 15A NCAC 02C .0108 (Standards of Construction for Wells Other than Water Supply), and any other jurisdictional laws and regulations pertaining to well construction. [15A NCAC 02C .0108] 4. Effluent quality shall not exceed the limitations specified in Attachment A. [15A NCAC 02T .0108(b)(1)(A)] 5. Wastewater disposal sites permitted on or after December 30, 1983 have a compliance boundary that is either 250 feet from the wastewater disposal area, or 50 feet within the property boundary, whichever is closest to the wastewater disposal area. Any exceedance of groundwater standards at or beyond the compliance boundary shall require corrective action. Division -approved relocation of the compliance boundary shall be noted in Attachment B. Multiple contiguous properties under common ownership and permitted for use as a disposal system shall be treated as a single property with regard to determination of a compliance boundary. [15A NCAC 02L .0106(d)(2), 02L .0107(b), 02T .0105(h), G.S. 143-215.1(i), G.S. 143-215.1(k)] 6. The review boundary is midway between the compliance boundary and the wastewater disposal area. Any exceedance of groundwater standards at or beyond the review boundary shall require preventative action. [15A NCAC 02L .0106(d)(1), 02L .0108] 7. The Permittee shall apply for a permit modification to establish a new compliance boundary prior to any sale or transfer of property affecting a compliance boundary (i.e., parcel subdivision). [ 15A NCAC 02L .0107(c)] 8. No wells, excluding Division -approved monitoring wells, shall be constructed within the compliance boundary except as provided for in 15A NCAC 02L .0107(g). [15A NCAC 02L .0107] 9. Except as provided for in 15A NCAC 02L .0107(g), the Permittee shall ensure any landowner who is not the Permittee and owns land within the compliance boundary shall execute and file with the Wilkes County Register of Deeds an easement running with the land containing the following items: a. A notice of the permit and number or other description as allowed in 15A NCAC 02L .0107(f)(1); b. Prohibits construction and operation of water supply wells within the compliance boundary; and c. Reserves the right of the Permittee or the State to enter the property within the compliance boundary for purposes related to the permit. The Director may terminate the easement when its purpose has been fulfilled or is no longer needed. [ 15A NCAC 02L .0107(f)] WQ0020793 Version 4.0 Shell Version 200201 Page 3 of 10 10. The facilities herein were permitted per the following setbacks: a. The disposal sites were originally permitted April 10, 2002. The setbacks for disposal sites originally permitted or modified from February 1, 1993 to August 31, 2006 are as follows (all distances in feet): i. Each private or public water supply source: 100 ii. Surface waters: 100 iii. Groundwater lowering ditches: 25 iv. Surface water diversions (upslope): 10 v. Surface water diversions (downslope): 25 vi. Each well with exception of monitoring wells: 100 vii. Each property line: 50' viii. Top of slope of embankments or cuts of two feet or more in vertical height: 15 ix. Each water line: 10 x. Each swimming pool: 100 xi. Public right of way: 50 xii. Nitrification field: 20 xiii. Each building foundation or basement: 15 ' Setbacks to property lines are not applicable when the Permittee, or the entity from which the Permittee is leasing, owns both parcels separated by the property line. [15A NCAC 02H .0404(g), 02H .02190)(5)] b. The storage and treatment units were originally permitted April 10, 2002. The setbacks for storage and treatment units originally permitted or modified from February 1, 1993 to August 31, 2006 are as follows (all distances in feet): i. Each private or public water supply source: 100 ii. Surface waters: 50 iii. Each well with exception of monitoring wells: 100 iv. Each property line: 50, v. Nitrification field: 20 ' Habitable residences or places of assembly under separate ownership constructed after the facilities herein were originally permitted or subsequently modified are exempt from this setback. 2 Setbacks to property lines are not applicable when the Permittee, or the entity from which the Permittee is leasing, owns both parcels separated by the property line. [15A NCAC 02H .02190)(5)] WQ0020793 Version 4.0 Shell Version 200201 Page 4 of 10 III. OPERATION AND MAINTENANCE REQUIREMENTS 1. The Permittee shall operate and maintain the subject facilities as a non -discharge system. [15A NCAC 02T .0800] 2. The Permittee shall maintain an Operation and Maintenance Plan, which shall include operational functions, maintenance schedules, safety measures, and a spill response plan. [15A NCAC 02T .0707(a), 02T .0807] 3. Upon the Water Pollution Control System Operators Certification Commission's (WPCSOCC) classification of the subject non -discharge facilities, the Permittee shall designate and employ a certified operator in responsible charge (ORC), and one or more certified operators as back-up ORCs. The ORC or their back-up shall operate and visit the facilities as required by the WPCSOCC. [ 15A NCAC 02T .0117] 4. Disposal equipment shall be tested and calibrated once per permit cycle. [ 15A NCAC 02T .0707(d), 02T .0807] 5. Only treated effluent from the Tyson Farms — Hays Hatchery WWTF shall be disposed on the sites listed in Attachment B. [ 15A NCAC 02T .0801 ] 6. The Permittee shall not allow vehicles or heavy machinery on the disposal area, except during equipment installation or maintenance activities. [15A NCAC 02T .0707(e), 02T .0807] 7. The Permittee shall prohibit public access to the wastewater treatment, storage, and disposal facilities. [15A NCAC 02T .0505(q), 02T .0805] 8. The Permittee shall dispose or utilize generated residuals in a Division -approved manner. [ 15A NCAC 02T .0708, 02T .0808, 02T .I 100]. 9. The Permittee shall not divert or bypass untreated or partially treated wastewater from the subject facilities. [15A NCAC 02T .05050), 02T .0805] 10. Freeboard in the infiltration/evaporation lagoon shall not be less than two feet at anytime. [ 15A NCAC 02T .0505(d), 02T .0805] 11. A gauge to monitor waste levels in the infiltration/evaporation lagoon shall be provided. This gauge shall have readily visible permanent markings, at inch or tenth of a foot increments, indicating the following elevations: maximum liquid level at the top of the temporary liquid storage volume; minimum liquid level at the bottom of the temporary liquid storage volume; and the lowest point on top of the dam. [ 15A NCAC 02T .0707(f), 02T .0807] 12. A protective vegetative cover shall be established and maintained on all berms, pipe runs, erosion control areas, surface water diversions, and earthen embankments (i.e., outside toe of embankment to maximum allowable temporary storage elevation on the inside of the embankment). Trees, shrubs, and other woody vegetation shall not be allowed to grow on the earthen dikes or embankments. Earthen embankments shall be kept mowed or otherwise controlled and accessible. [ 15A NCAC 02T .0707(g), 02T .0807] 13. Metering equipment shall be tested and calibrated annually. [15A NCAC 02T .0707(d), 02T .0807] 1.4. The disposal areas shall be cleaned as necessary based on the solids monitoring in accordance with Condition I11.15. to remove deposited materials that may impede the infiltration process. Cleaning records shall be maintained at the facility for five years, and shall be made available to the Division upon request. The Winston-Salem Regional Office, telephone number (336) 776-9800, shall be notified prior to each cleaning. [15A NCAC 02T .0707(h), 02T .0807] WQ0020793 Version 4.0 Shell Version 200201 Page 5 of 10 15. The Permittee shall monitor the level of accumulated solids in the evaporation/infiltration lagoon and retain the records on -site. If it is determined that the solids are sufficiently reducing the active storage/treatment of the lagoon, the Permittee shall properly dispose of all residual solids as stipulated in the Condition III.8. [15 A NCAC 02T .0108(b)(1)(A)] IV. MONITORING AND REPORTING REQUIREMENTS 1. The Permittee shall conduct and report any Division required monitoring necessary to evaluate this facility's impact on groundwater and surface water. [15A NCAC 02T .0108(c)] 2. A Division -certified laboratory shall conduct all analyses for the required effluent, groundwater, and surface water parameters. [15A NCAC 02H .0800] 3. Flow through the treatment facility shall be continuously monitored, and daily flow values shall be reported on Form NDMR. Facilities with a permitted flow less than 10,000 GPD may estimate their flow from water usage records provided the water source is metered. [15A NCAC 02T .0105(k), 02T .0108(c)] 4. The Permittee shall monitor the treated effluent at the frequencies and locations for the parameters specified in Attachment A. [15A NCAC 02T .0108(c)] 5. The Permittee shall maintain records tracking the amount of effluent disposed. These records shall include the following information for each disposal site listed in Attachment B: a. Date of disposal; b. Volume of effluent disposed; c. Site applied; d. Loading rates to each disposal site listed in Attachment B; and e. Weather conditions. [15A NCAC 02T .0108(c)] 6. Freeboard (i.e., waste level to the lowest embankment elevation) in the infiltration/evaporation lagoon shall be measured to the nearest inch or tenth of a foot, and recorded weekly. Weekly freeboard records shall be maintained for five years, and shall be made available to the Division upon request. [15A NCAC 02T .0108(c)] 7. Three copies of all monitoring data (as specified in Conditions IV.3. and IVA.) on Form NDMR for each PPI and three copies of all operation and disposal records (as specified in Conditions IV.S. and IV.6.) on Form NDAR-2 for every site in Attachment B shall be submitted on or before the last day of the following month. If no activities occurred during the monitoring month, monitoring reports are still required documenting the absence of the activity. All information shall be submitted to the following address: Division of Water Resources Information Processing Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 [15A NCAC 02T .0105(1)] WQ0020793 Version 4.0 Shell Version 200201 Page 6 of 10 The Permttee shall maintain a record of all residuals removed from this facility. This record shall be maintained for five years, and shall be made available to the Division upon request. This record shall include: a. Name of the residuals hauler; b. Non -Discharge permit number authorizing the residuals disposal, or a letter from a municipality agreeing to accept the residuals; c. Date the residuals were hauled; and d. Volume of residuals removed. [ 15A NCAC 02T .0708(b), 02T .0808] 9. A maintenance log shall be kept at this facility. This log shall be maintained for five years, and shall be made available to the Division upon request. This log shall include: a. Date of flow measurement device calibration; b. Date of disposal equipment calibration; c. Visual observations of the plant and plant site; and d. Record of preventative maintenance (e.g., changing of equipment, adjustments, testing, inspections and cleanings, etc.). [ 15A NCAC 02T .0707(h), 02T .08071 10. Monitoring well MW-4 shall be sampled after construction. Monitoring well MW-4 shall be sampled thereafter at the frequencies and for the parameters specified in Attachment C. All mapping, well construction forms. well abandonment forms, and monitoring data shall refer to the permit number and the well nomenclature as provided in Attachment C and Figure 1. [15A NCAC 02T .0105(m)] 11. Monitoring wells MW-1, MW-2, and MW-3 shall be sampled at the frequencies and for the parameters specified in Attachment C. All mapping, well construction forms, well abandonment forms and monitoring data shall.refer to the permit number and the well nomenclature as provided in Attachment C and Figure 1. [15A NCAC.02T .0105(m)] 12. For initial sampling of monitoring well MW-4, the Permittee shall submit a Compliance Monitoring Form (GW-59) and a Well Construction Record Form (GW-1) listing this permit number and the appropriate monitoring well identification number. Initial Compliance Monitoring Forms (GW-59) without copies of the Well Construction Record Forms (GW-1) are deemed incomplete, and may be returned to the Permittee without being processed. [15A NCAC 02T .0105(m)] 13. Two copies of the monitoring well sampling and analysis results shall be submitted on a Compliance Monitoring Form (GW-59), along with attached copies of laboratory analyses, on or before the last working day of the month following the sampling month. The Compliance Monitoring Form (GW-59) shall include this permit number, the appropriate well identification number, and one GW-59a certification form shall be submitted with each set of sampling results. All information shall be submitted to the following address: Division of Water Resources Information Processing Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 [15A NCAC 02T .0105(m)] WQ0020793 Version 4.0 Shell Version 200201 Page 7 of 10 14. Noncompliance Notification: The Permittee shall report to the Winston-Salem Regional Office, telephone number (336) 776-9800, within 24 hours of first knowledge of the following: a. Treatment of wastes abnormal in quantity or characteristic, including the known passage of a hazardous substance. b. Any process unit failure (e.g., mechanical, electrical, etc.) rendering the facility incapable of adequate wastewater treatment. c. Any facility failure resulting in a discharge to surface waters. d. Any time self -monitoring indicates the facility has gone out of compliance with its permit limitations. e. Effluent breakout from the disposal sites. Emergencies requiring reporting outside normal business hours shall call the Division's Emergency Response personnel at telephone number (800) 662-7956, (800) 858-0368, or (919) 733-3300. All noncompliance notifications shall file a written report to the Winston-Salem Regional Office within five days of first knowledge of the occurrence, and this report shall outline the actions proposed or taken to ensure the problem does not recur. [15A NCAC 02T .0108(b)(1)(A)] V. INSPECTIONS 1. The Permittee shall perform inspections and maintenance to ensure proper operation of the wastewater treatment and disposal facilities. [15A NCAC 02T .0707(i), 02T .0807] The Permittee shall inspect the wastewater treatment and disposal facilities to prevent malfunctions, facility deterioration, and operator errors that may result in discharges of wastes to the environment, threats to human health, or public nuisances. The Permittee shall maintain an inspection log that includes the date and time of inspection, observations made, and maintenance, repairs, or corrective actions taken. The Permittee shall maintain this inspection log for a period of five years from the date of the inspection, and this log shall be made available to the Division upon request. [15A NCAC 02T .0707(h), 02T .0707(i), 02T .0807] Division authorized representatives may, upon presentation of credentials, enter and inspect any property, premises, or place related to the wastewater treatment and disposal facilities permitted herein at any reasonable time for determining compliance with this permit. Division authorized representatives may inspect or copy records maintained under the terms and conditions of this permit, and may collect groundwater, surface water, or leachate samples. [G.S. 143-215.3(a)(2)] WQ0020793 Version 4.0 Shell Version 200201 Page 8 of 10 VI. GENERAL CONDITIONS 1. Failure to comply with the conditions and limitations contained herein may subject the Permittee to a Division enforcement action. [G.S. 143-215.6A, 143-215.613, 143-215.6C] 2. This permit is effective only with respect to the nature and volume of wastes described in the permit application, and Division -approved plans and specifications. [G.S. 143-215.1(d)] 3. Unless specifically requested and approved in this permit, there are no variances to administrative codes or general statutes governing the construction or operation of the facilities permitted herein. [15A NCAC 02T .0105(n)] 4. The issuance of this permit does not exempt the Permittee from complying with all statutes, rules, regulations, or ordinances that other jurisdictional government agencies (e.g., local, state, and federal) may require. [ 15A NCAC 02T .0105(c)(6)] 5. If the permitted facilities change ownership, or the Permittee changes their name, the Permittee shall submit a permit modification request on Division -approved forms. The Permittee shall comply with all terms and conditions of this permit until the permit is transferred to the successor -owner. [G.S. 143- 215.1(0)] 6. The Permittee shall retain a set of Division -approved plans and specifications for the life of the facilities permitted herein. [15A NCAC 02T .0105(o)] 7. The Permittee shall maintain this permit until the proper closure of all facilities permitted herein, or until the facilities permitted herein are permitted by another authority. [15A NCAC 02T .01050)] 8. This permit is subject to revocation or modification upon 60-day notice from the Division Director, in whole or part for: a. violation of any terms or conditions of this permit or Administrative Code Title 15A Subchapter 02T; b. obtaining a permit by misrepresentation or failure to disclose all relevant facts; c. the Pennittee's refusal to allow authorized Department employees upon presentation of credentials: i. to enter the Permittee's premises where a system is located or where any records are required to be kept; ii. to have access to any permit required documents and records; iii. to inspect any monitoring equipment or method as required in this permit; or iv. to sample any pollutants; d. the Permittee's failure to pay the annual fee for administering and compliance monitoring; or e. a Division determination that the conditions of this permit are in conflict with North Carolina Administrative Code or General Statutes. [15A NCAC 02T .0110] WQ0020793 Version 4.0 Shell Version 200201 Page 9 of 10 9. Unless the Division Director grants a variance, expansion of the facilities permitted herein shall not occur if any of the following apply: a. The Permittee or any parent, subsidiary, or other affiliate of the Permittee has been convicted of environmental crimes under G.S. 143-215.613, or under Federal law that would otherwise be prosecuted under G.S. 143-215.6B, and all appeals of this conviction have been abandoned or exhausted. b. The Permittee or any parent, subsidiary, or other affiliate of the Permittee has previously abandoned a wastewater treatment facility without properly closing the facility. c. The Permittee or any parent, subsidiary, or other affiliate of the Permittee has not paid a civil penalty, and all appeals of this penalty have been abandoned or exhausted. d. The Permittee or any parent, subsidiary, or other affiliate of the Permittee is currently not compliant with any compliance schedule in a permit, settlement agreement, or order. e. The Permittee or any parent, subsidiary, or other affiliate of the Permittee has not paid an annual fee. [ 15A NCAC 02T .0120(b), 02T .0120(d)] 10. This permit shall not be renewed if the Permittee or any affiliation has not paid the required annual fee. [I 5A NCAC 02T .0120(c)] Permit issued this the 2" d day of March 2020 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION w Daniel Smith, Director Division of Water Resources By Authority of the Environmental Management Commission Permit Number WQ0020793 WQ0020793 Version 4.0 Shell Version 200201 Page 10 of 10 I � F C7 C7 C7 $ C7 C7 C7 C7 C7 C7 C7 C7 W a � U d a d O � C ai Ri c0 O cC cO c� cd cd cO c0 >'+ z y V X x X X X X X 3 X X X G. m U s a A C A �eFrr C C d z Cj w � o W C7 N C3 s. 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